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SCOTUS to target Obergefell next

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K1052 said:
Since the base position of the Republican Party is that votes for Democratic candidates are simply illegitimate I doubt this really troubles them.
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Well that's because all the votes for Democrats come from their personal brand of super fraud that is both incredibly widespread and yet somehow impossible to find.
 
fskimospy said:
2020 resulted in the Democrats winning control of every elected branch of government. That seems pretty okay to me.
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I'm laughing, really.
That you can imagine Democrats having control of the Government right now.

This is not the result of 2020 as i see it.
Are you trying to appreciate some sort of theoretical control VS what we actually have?

SCOTUS can run wild because no one else can lift a finger. Roe V Wade would have become a federal law months ago. If we actually could do something.
 
Jaskalas said:
I'm laughing, really.
That you can imagine Democrats having control of the Government right now.

This is not the result of 2020 as i see it.
Are you trying to appreciate some sort of theoretical control VS what we actually have?

SCOTUS can run wild because no one else can lift a finger. Roe V Wade would have become a federal law months ago. If we actually could do something.
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I think you could argue that SCOTUS has attempted to seize control of the federal government and there's some merit to that but yes, Democrats control everything and that's an undeniable fact.
 
Jaskalas said:
If the SCOTUS pursues this notion, it would cripple if not destroy much of our federal government and its capacity to administer.
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Yes, that is their intention.

It's like when people act surprised about their attacks on public schools, "OMG this will cripple public schools."

Duh. That's why they're doing it.
 
tweaker2 said:
If only Manchin and Sinema would get on board so much more could be done...
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Given the structural advantages republicans have, a few stick in the mud centrists have found they can exert much more power by being obstructionists. Going to need an almost unfathomable senate majority (and biden to lose the pretense of this bipartisanship nonsense, which i think hes really only touting as its expedient) to really move things.
 
fskimospy said:
I think you could argue that SCOTUS has attempted to seize control of the federal government and there's some merit to that but yes, Democrats control everything and that's an undeniable fact.
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Really? 😳 Based on what exactly?

Because I could have sworn that in reality they are running nothing but their mouths thanks to following "rules" that the right just ignores whenever it's convenient.
 
Jaskalas said:
SCOTUS can run wild because no one else can lift a finger. Roe V Wade would have become a federal law months ago. If we actually could do something.
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It is adorable that people still think congress passing laws means anything when the court can just say "well you really didn't mean that" to black letter law via the so called Major Questions Doctrine. The laws only mean what the conservative majority says they do and given their increasing penchant to make up the facts I think its fair to say the don't actually mean anything.

The only real question in my mind is how far we slide into deep minority rule with increasingly unpopular policy before something really breaks.
 
Captante said:
Really? 😳 Based on what exactly?

Because I could have sworn that in reality they are running nothing but their mouths thanks to following "rules" that the right ignores.
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There’s a difference between not controlling things and choosing not to use the control you have.
 
But if Biden didn’t swing for the fences during campaigning, he didn’t need to push such an aggressive agenda and could have passed more moderate issues with bipartisan support. Just doing a few of the policies in BBB is better than having none currently.
 
fskimospy said:
There’s a difference between not controlling things and choosing not to use the control you have.
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Seat-of-the-pants for the American people? No, there isn't. 🙁

The only hope Democrats have in the mid-terms is that the Roe v Wade controversy really does blow up in the GOP's face.

Nothing the Dems have done has had ANY significant positive effect on the average voter.
 
K1052 said:
It is adorable that people still think congress passing laws means anything when the court can just say "well you really didn't mean that" to black letter law via the so called Major Questions Doctrine. The laws only mean what the conservative majority says they do and given their increasing penchant to make up the facts I think its fair to say the don't actually mean anything.

The only real question in my mind is how far we slide into deep minority rule with increasingly unpopular policy before something really breaks.
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The worst part about the totally made up major questions doctrine is we already have a mechanism for if the executive does things with broad grants of authority that congress doesn’t like. Congress could take back that authority!

Instead, under the guise of protecting Congress’s authority SCOTUS has usurped legislative powers from Congress and essentially granted itself a line item veto on any federal regulations they don’t like.

Surely the people who claimed for years to hate activist judges will be here any minute to savage SCOTUS for granting itself these sweeping legislative powers.
 
fskimospy said:
Surely the people who claimed for years to hate activist judges will be here any minute to savage SCOTUS for granting itself these sweeping legislative powers.
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Ahem those were for things dirty godless urban communists wanted like gay marriage, freedom of speech, the right the legal counsel, interracial marriage, racial integration and such. Not what good god fearing Americans are looking for. Jesus told us to take the court to save the country even if it doesn't like it.
 
K1052 said:
Ahem those were for things dirty godless urban communists wanted like gay marriage, freedom of speech, the right the legal counsel, interracial marriage, racial integration and such. Not what good god fearing Americans are looking for. Jesus told us to take the court to save the country even if it doesn't like it.
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As predicted ‘activist judge’ turned out to be ‘judge I disagree with’ and there’s not a peep out of the judicial restraint folks.

Amazingly enough there also isn’t a peep out of the textualists that claimed for years they just called balls and strikes by determining a statute authorized whatever the plain language of the statute said it did. Wonder where they went?
 
Hmmm at this point maybe you’d stand a better chance if you brought the civil war to them instead of waiting on them to climax.

JOKING
 
tweaker2 said:
Now that the Repubs have successfully transformed the SCOTUS into an activist legislative branch of their party, it will take the Democrats to win the Executive and a clear majority of the Legislative branches to counter what McConnell has done toward thoroughly corrupting the SCOTUS in the Repub's favor and also counter how obstructionists Manchin and his sidekick Sinema are doing their very best to wreck the party's legislative efforts. It's either getting that done or suffer the consequences for decades to come.

Getting out the vote in large enough numbers by the Dems is for all practical purposes the only solution toward solving those problems. I'm just wondering why the Dems haven't done much more to rile up the party faithful and the independents in this regard.

The SCOTUS is now a clear and present danger to the majority of the people of the nation. Let's hope this fact is made so loud and clear that it results in critical wins for the Democrats, the majority party of the nation.
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nah, Brah, Biden took two weeks to make a speech about Roe. So I'm going to vote all republican to show him that upset me.
 
eelw said:
But if Biden didn’t swing for the fences during campaigning, he didn’t need to push such an aggressive agenda and could have passed more moderate issues with bipartisan support. Just doing a few of the policies in BBB is better than having none currently.
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Hey did, it's the massive infrastructure bill that he's gotten literally ZERO credit for. That was BBB split up. He tried very hard to adjust BBB into something that would pass and none of it got any republican support, and ultimately Manchin and Senema just kept changing their minds constantly.
 
fskimospy said:
What’s interesting/terrible about all this is that it’s just a law - when Republicans have controlled the federal government they could just change the law and remove those civil service protections. They don’t do that though because that would be horrifically unpopular and basically nobody supports it.

So much like with the EPA case they have decided to use the courts as a super legislature to pass laws they could never pass through the elected branches.
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Kinda Like Roe Vs Wade?
 
fskimospy said:
No, abortion rights had plurality support before Roe and trends were moving rapidly further in that direction.

So basically back then SCOTUS was acting in accordance with what the public wanted, which is the opposite of now.
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Presumably not unconnected to the fact that almost all of the conservative majority on the current court were appointed by Republican Presidents who lost the popular vote. It's like the focal point where all the undemocratic parts of the system fuse together to create despotism.
 
What is Obergefell? Sounds like a position in German Wermacht or paramilitary group.
 
Shmee said:
What is Obergefell? Sounds like a position in German Wermacht or paramilitary group.
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All the essential components of the US system apparently get named after the parties to some Supreme Court legal case or other. It seems an odd way to decide on a country's values and beliefs, that leads to an odd way to refer to fundamental moral/political principles, but that's how they do it. Though it's nice how the right to inter-racial marriage depends on a case named after a couple called "Loving".

(I expect any day now this court issue a ruling in favour of "Hatred")
 
Ah thanks, that was the decision that legalized same sex marriage throughout the US.
 
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